I have to offer a little more groundwork for you readers. Up to this point, I had an attorney and had spent damn near every dollar to my name fighting for my kids only to not get them. I had them about 1/3 of the year for my investment. It was the best I could do and I relish every moment of it. She has done very well for me despite significant odds against us.
By the time the contempt hearing rolled around March 30th, 2007, my funds were exhausted. Complicating matters, in January of 2007, my workplace relocated across the country and I was out of a job. However, given that we were averaging anywhere from 6 to 15 visits to the court per year (conferences and hearings) – I didn’t want to cut my attorney loose. I still have her “in reserve” so to speak, so when truly important bullshit arises, I can bring her in to handle it. If there are trivial issues which PEW has escalated to hearing status and my attorney believes I could handle it on my own, she would serve in an advisory capacity. In her words, I’ve always prepared for court extremely well, took an active role in my case (which everyone should do), and paid close enough attention to understand the basics… how to object on hearsay, relevancy, evidence – fairly straightforward Legal 101.
This hearing would be my first foray into “semi pro-se” representation. In court, I was on my own. Now pro-se herself after firing her second attorney in as many years (an expensive one at that) – PEW, fancying herself a would-be attorney, was now representing herself as well. I was counting on her inability to maintain a coherent line of questioning and her uncanny ability to screw herself when things weren’t going her way.
I was looking for three things:
– PEW to be found guilty of contempt of court for failing to put S6 into the agreed-upon childcare facility as agreed to in the summer of 2006 and was re-affirmed in the custody hearings of October 2006.
– PEW to be found guilty of contempt of court for custodial interference on her failure to show up at the ordered exchange point so that I could have my Christmas Holiday and winter break for 2006.
In terms of sanctions, I wanted reimbursement to the tune of $1200.00 for legal fees in preparing for the litigation and peripheral expenses associated with same. Additionally, I want the future schedule to be altered to award me the Christmas Holiday and winter break for 2007 before resuming our regular schedule.
Neither of these requests were unreasonable. Give me back what I lost because of her latest round of bullshit. As I had been through the legal wringer for the better part of 2-years at that point, I had prepared myself for no relief and, if that were the case, I wasn’t going to fight for much more of anything. I was on the edge of having completely lost faith in the legal system.
JC would surprise me this day.
She had already laid most of the groundwork for her “alibi” as detailed in the previous posts (Parts III and IV).
In court, she would try to use the excuse that she was “sick.” She would “prove” this by having an affidavit signed by her supervisor that she missed work on December 19th. She was in work on the 20th and 21st, though – but it didn’t stop her from trying. She tried to bolster her argument with a “doctor’s note.” It was dated December 26th. Neither was convincing to the judge. In fact, it aggravated JC. She saw it for what it was – an obvious attempt to give herself an “alibi.” The judge blew it out of the water.
The judge’s ruling as written from the transcript:
Judge Contempt (JC): So, ma’am, with respect to the issue of day care, there’s no question you’re in contempt for not following the day care provision that I imposed, because there is an issue of who he could use down in [LM’s State]. And so I said both of you have to do licensed day care providers.
And on that issue, Mother is to notify Father in advance if she wants to change any day care arrangements, and the parties have to agree in writing. And counsel fees will be imposed if Mother is found in contempt in the future of this — of this provision.
With respect to Christmas 2006, I find Mother’s in contempt. Hand down. She did not do what she should. And that’s the issue that is going to cost her counsel fees.
I direct that within 30-days of today’s date, Mother is to pay the sum of $675.00, which represents three hours at $225.00 for [LM’s attorney] for the petition; that she is to pay $675.00 to Father by check and keep a record that he’s cashed it and that you get it back. Thirty days, $675.00.
Further, Mother and Father, they have to do the makeup for Father’s missed Christmas in 2006. Therefor, the Christmas schedule is modified to say that Father has the next Christmas. Then you go back to whenever the schedule would say. Father will have Christmas schedule in ’07 and then we go back to whatever should happen.
That’s my order.
——————
And my faith in the system continues on it’s upswing. After getting the bulk of what I wanted (absent primary custody) in the October 2006 custody hearings, the judge finding her in contempt and imposing sanctions against PEW – was another step up in this three-ring-circus.
Believe it or not, after repeatedly failing to follow the judge’s orders in various ways over the prior few years – she failed to pay me the money the court ordered in 30-days. On day 30, I called the court and she was summoned for another contempt of court hearing for failing to heed the latest order. This isn’t me filing for contempt, this is effectively the JUDGE filing for contempt. Upon her notification of another hearing, she quickly paid me the $675.00 by check.
She asked me to call the court on her behalf after she paid me, which I refused to do. My hope was that despite the payment, because it was late, the already pissed-off judge would go nuclear on her. However, when she provided Domestic Relations with the proof of her payment – the court withdrew the petition.
Too bad.
When Christmas 2007 rolls around… she’ll try to destroy them again…
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